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Limewire files motion to have case dismissed

20 July 2008 17:26 by Andre "DVDBack23" Yoskowitz | 8 comments

The popular P2P firm LimeWire has filed a preemptive motion to dismiss the case brought against them by the record industry in 2006 over "inducing copyright infringement."

Limewire is the only company that remains, most likely only becuase they have the money and the grounds to fight back. Other P2P firms such as BearShare, WinMX andGrokster have all shut down or settled their cases for $30-50 million USD.

Since the lawsuit was filed in 2006, any progress from either side has been slow to say the least. The RIAA, in charge of the music industry side and Limewire have been filing motions for some time but after 2 years nothing has really happened in the case.

The latest motion is a "summary judgement" which acts as a "streamlined tool a judge can use to make a decision on a case based only on the legal briefs submitted."

The motion exlains in depth why the LimeGroup and its Chairman Mark Gorton should not held liable for inducing copyright infringement and also defends the new transfer of ownership from LimeGroup to Family Limited Partnership. The RIAA suit claims that the ownership transfer is simply a way to "defraud creditors" if a judgment was ever made against LimeGroup. Gorton says its just part of estate planning.

�Plaintiffs contend that the transfer of LG�s interest in LW to the FLP and the subsequent dividends LW paid to the FLP were fraudulent conveyances in violation of Section 276 of New York�s Debtor and Creditor Law,� the defense motion reads. �Plaintiffs� claim is based on little more than the coincidence of timing and Plaintiffs� unsupported speculation that the FLP was formed to avoid liability to copyright holders in the wake of the Supreme Court�s opinion in Grokster.�

"The endless stream of lawsuits filed by the major record labels hasn't done anything to help the music consumer, nor has it put a single penny into the pockets of artists, songwriters and publishers." added George Searle, Chief Executive Officer, Lime Wire, in a statement.

"Litigation isn't a good digital business model. We're confident in our position and in the eventual outcome of this lawsuit, and we look forward to the day we can work together with the entire music industry to help expand
its reach and deliver more to the consumer."

Heres to waiting for the RIAA's response.

Permalink to this article

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Discuss this article!
Aylmer (Newbie) 20 July 2008 17:56
<DELETED> [ + quote] This message has been edited since posting. Last time this message was edited on 20 July 2008 22:45
grkblood (Senior Member) 20 July 2008 19:35
Whats up nobrainer. Five posts all in news discussion and all dealing with piracy. I haven't used limewire in years. I never will either. You're right about calling it slimewire. [ + quote]
7thsinger (AfterDawn Addict) 21 July 2008 8:58
I agree that Limewire has long outlived it's purpose...unless it's purpose is to deliver horrid audio files and malware. [ + quote]
angkuj (Newbie) 21 July 2008 10:18
Agree w/ 7th Singer on limewire. Audio quality not the greatest and really not worth the effort to use. Much easier to just pay the .99 and download from itunes to my ipod. [ + quote]
blueroad (Newbie) 21 July 2008 14:17
or rather simply download via torrent instead of paying the .99 ive dled limewire about 4 years ago after a day deleted the prog and started storing some adults-only content on the file it was stored on :P [ + quote]
lynchGOP (Inactive) 21 July 2008 17:34
Wrong post I was thinking about.........disregard [ + quote] This message has been edited since posting. Last time this message was edited on 21 July 2008 17:38
Mez (Senior Member) 29 July 2008 10:29
angkuj, not that I use Limewire but with LW it is possible to get high quality tunes without DRMs for free. Vs DRMed, low quality music for a dollar. How can you stand to listen to that crap? But it is easier. [ + quote]
varnull (Inactive) 29 July 2008 12:19
*Quote:* unless it's purpose is to deliver horrid audio files and malware That's about the strength of it.. a horrid easily caught system full of the riaa/mpaa spying and using entrapment to catch the unwary. Add to that the things like photoshop, put there by adobe with phone home software included and all the nice malware botfarmers like me putting our backdoor trojans up and all you have is a system for abuse. Ever seen the files that start downloading before you select them? those are nasty things.. It would help the rest of us greatly if people had to undergo a basic competency test before being allowed out on the internet.. like say manually connecting to their isp's servers instead of blindly running some spyware riddled disk they provide. At least then they would have some basic skills.. that they would have to go to the library or whatever and read up on. Of course that does sound like a catch22, but really it isn't. Gatesco have made computers too easy for every moron to use.. the only trouble is.. you make something "idiot proof" and the world just makes a better idiot, with even less skills so perpetuating the dumbing down circle. Some countries invest in the future, others invest in dumbing down the population and turning them into sheeple "consumers".. Every day I see more and more of them.. not equipped by the education service to survive in anything but a thought controlled surveillance environment.. Think for yourself... never.. it's not allowed.. those who think for themselves are dangerous and must be monitored and watched. Free open source software = made by end users who want an application to work. OOps.. http://www.theregister.co.uk/2008/07/25/...es_dead_hurrah/ [ + quote]